Court Annuls MCSN

The Musical Copyright Society of Nigeria (MCSN) has being denied any right to be a Collective Management Organization by a Federal High Court in Lagos.

Justice O.E. Abang on Friday, October 24, 2014, threw out the case filed by MCSN in which it had sought an order of the Federal High Court to restrain Copyright Society of Nigeria (COSON) from parading itself as Nigeria’s sole CMO for musical works and sound recordings.

The MCSN had on Friday, March 2, 2013 filed a suit against another collective Management Organization, COSON and the Nigerian Copyright Commission, asking the court to declare that COSON is fraudulently representing particulars of its membership to the NCC, which the NCC relied upon to approval to COSON.

MCSN also asked the court to revoke the approval granted COSON by the NCC and to declare that the approval of COSON as a sole collective management organization deprives MCSN, its members, assignors and affiliates of their fundamental and constitutional rights to freedom of association, freedom to own and enjoy property in copyright and access to justice and as such is unconstitutional, null and void.

In response, COSON filed a preliminary objection in May 2013 contending that MCSN did not have the capacity to bring a case before any court and that MCSN did not obtain the necessary leave of court to file the suit as required under Order 34, rules 3 and 4 of the Federal High Court Rules

Ruling on the case, Justice Abang agreed with COSON that MCSN did not fulfil the conditions under Order 34, rules 3 and 4 of the Federal High Court Rules. Justice Abang also ruled that MCSN lacked the requisite locus standi to institute the action.

On the long canvassed argument by MCSN that that the requirement for it to be approved by the NCC before it can operate as a CMO is unconstitutional, Justice Abang ruled that NCC have constitutional rights to lay down conditions that must be met before operating as a CMO and that MSCN must meet those conditions before they can become one.